CITY OF HAPPY VALLEY v. LCDC

CA A24967.

677 P.2d 43 (1984)

66 Or.App. 795

CITY OF HAPPY VALLEY, a Municipal Corporation, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Department of Land Conservation and Development, an Oregon State Agency, Mas Fujimoto, Delmer Eisert, Robert Guy, Agnes Guy, 1000 Friends of Oregon, and Homebuilders of Metropolitan Portland, Respondents.

Court of Appeals of Oregon.

Decided February 8, 1984.


Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, filed the brief for respondent 1000 Friends of Oregon.

James R. Carskadon, Jr., Milwaukie, argued the cause for petitioner. With him on the brief was Redman, Carskadon, Knauss & Kelley, Milwaukie.

Terry D. Morgan, Portland, argued the cause for respondents Mas Fujimoto, Delmer Eisert, Robert and Agnes Guy. With him on the brief was Morgan & Shonkwiler, P.C., Portland.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Com'n. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Kevin L. Hanway, Lake Oswego, filed the brief for Homebuilders of Metropolitan Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Petitioner, City of Happy Valley, seeks judicial review, ORS 183.480, of a Land Conservation and Development Commission (LCDC) order denying acknowledgment of petitioner's comprehensive plan. It contends that LCDC exceeded its statutory authority and abused its discretion in adopting the order. We reverse one part of the order, affirm the remaining parts and remand.

Petitioner lies within the Portland Metropolitan Service District...

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